Posted on 01/25/2016 8:55:31 AM PST by Art in Idaho
This is an attempt to compile the basics on the Hillary Clinton email/server scandal with accompanying conclusions and recommendations.
Where to start? I'll make this as concise and specific as I can. I'm going to type key urls and key data points from said urls. Here goes:
Of Course Hillary Broke the Law, And Here's How Salient points:
"It's painfully obvious that the former Secretary of State violated federal law--five of them, in fact. . . 44 U.S. Code § 3101, 2 U.S. Code § 192, 18 U.S. Code § 1519, 18 U.S. Code § 1924, 18 U.S. Code § 798. (See articles for details of each law broken).
Hillary's EmailGate Goes Nuclear - Does the latest release of Hillary's State Department emails include highly classified U.S. intelligence? Yes is the short answer. See article.
Hillary Clinton's Felony. The federal laws violated by the private server
Another list of the laws violated: 18 U.S. Code § 793(e) and (f), 18 U.S. Code § 793, 44 U.S. Code § 3106, Executive Order 13526, 1950 Federal Records Act. See article for details.
Fact Check: Hillary Clinton, Those Emails And The Law
"At issue are four sections of the law: the Federal Records Act, the Freedom of Information Act (FOIA), the National Archives and Records Administration's (NARA) regulations and Section 1924 of Title 18 of the U.S. Crimes and Criminal Procedure Code." See site for more info.
Is This File The Source Of Hillary Clinton's "Brace For Impact" Warning?
"Sullivan then explains the delay is being caused because they are having difficulty finding a secure fax to send, indicating the information was classified. Hillary Clinton then instructs Sullivan to break the law by eliminating the document heading and then proceeding to send via unsecured means. In government, particularly when it involves a position as high-ranking as the U.S. Secretary of State, this is a BIG NO-NO." See article for more details.
HILLARY Caught Illegally Declassifying Documents. IT'S A FELONY!
"In the emails, Hillary Clinton instructs him to "turn [it] into nonpaper [with] no identifying heading and send nonsecure."
"She is instructing him to erase the document's heading - which lists its classification status - and send it through a nonsecure email. The only reason to remove the heading is to hide it from prying eyes and cover their tracks. Hillary knew what she was asking was a felony." . . "Senator John Cornyn (R-TX) is pushing for just that. He is leading the charge to get a Special Prosecutor appointed to investigate Hillary's email crimes."
Hillary's Email: It's a Felony!
"One such action appears to be confirmed yesterday in an article in National Review by Brendan Bordelon entitled: Clinton Pushed Aide to Strip Markings from Sensitive Documents, Send through 'Nonsecure' Channel:
"During a 2011 e-mail exchange, Hillary Clinton urged top aide Jake Sullivan to strip classified talking points of all markings and send them through "nonsecure" means after a secure fax line failed to function. On the night of June 16, 2011, Sullivan told Clinton that important talking points on an undetermined issue would be faxed to her the following morning. When Clinton informed Sullivan that the talking points had not yet materialized, he began a frantic search for the problem. "They say they've had issues sending secure fax," he wrote to Clinton 15 minutes later. "They're working on it." "If they can't, turn into nonpaper with no identifying heading and send nonsecure," Clinton replied."
Sensitive spy information found on Hillary's server: report
"Fox News Channel, quoting two sources, said an intelligence agency had labeled the contents of the email dealing with one or more spies "HCS-O'' -- the code for reports on human intelligence sources in ongoing operations."
"Meanwhile, Gates said China, Russia and Iran were among the countries with the ability to snoop on Clinton's server."
"Given the fact that the Pentagon acknowledges that they get attacked [online] about 100,000 times a day, I think the odds are pretty high," Gates told the Hugh Hewitt radio show Thursday night."
"Congressional investigators reported in October that Clinton's e-mail account was the target of hackers from China, South Korea and Germany. Russian hackers also tried to breach the account in 2011, hoping Clinton would click on e-mails sent as phony traffic tickets."
EXCLUSIVE: Hillary Confronted over Hacked Email "Presidential candidate glares at reporter, denies growing evidence "A source fed to me... and by the way Alex, an unimpeachable source by any measure... This is an unimpeachable source who said, 'Not only was the email server hacked,' which is breaking news... but not only was it hacked, but the Clintons knew it was hacked and they kept using it," he said.
Pressure Mounting: More 'Top Secret' Emails Confirmed on Hillary Clinton's Email Server
"Yesterday, a letter sent from the Inspector General for the Intelligence Community to the intelligence committees in the House and Senate revealed that "top secret/SAP" intelligence had been identified on Hillary Clinton's private email server.
In an unclassified letter IG Charles McCullough writes, "To date, I have received two sworn declarations from one IC element. These declarations cover several dozen emails containing classified information determined by the IC element to be at the CONFIDENTIAL, SECRET and TOP SECRET/SAP levels."
The shoes are raining down in Hillary's e-mail mess
"Fox News, which last week disclosed that messages on Clinton's private server went beyond even Top Secret classification, now reports they even included material on clandestine human-intelligence sources."
"That is, secret agents and local assets in the field -- people whose very lives are in danger if they're exposed."
"And this comes as President Obama's own former defense secretary, Robert Gates, admitted, "the odds are pretty high" that her home server was accessed by one or more hostile foreign governments."
Bombshell: Hillary e-mails may have exposed human intel source
"If true, the latest revelation about Hillary Clinton's secret e-mail system goes way beyond "smoking gun." It reaches the level of full core meltdown when it comes to US national security and the safety of American intel sources. Fox News reporters Catherine Herridge report that the Inspector General has noted that information in one or more e-mails contained information classified as "HCS-O," denoting extraordinarily sensitive material that could put a human intel source at high risk if exposed:
"At least one of the emails on Hillary Clinton's private server contained extremely sensitive information identified by an intelligence agency as "HCS-O," which is the code used for reporting on human intelligence sources in ongoing operations, according to two sources not authorized to speak on the record."
Is each "top secret/SAP" and "HCS-O" email a Felony?
How many people died because the "top secret/SAP" and "HCS-O" list of agents was broadcast to the world? All of our moles, foreign intelligence assets and people in foreign governments associated with them. Also is the server hack related to what happened at Benghazi?
Former AG: It's time to charge Hillary
"According to former Attorney General Michael Mukasey, it's time for Loretta Lynch and the Department of Justice to do their jobs and charge Hillary Clinton with mishandling classified information -- at the least. Nodding to the expansion of the FBI's probe into areas of corruption, Mukasey argued in Friday's Wall Street Journal that the 1300-plus pieces of evidence already on hand more than justifies initial charges -- and cites David Petraeus as a precedent."
" The question isn't just why charges haven't already been filed against Hillary Clinton. It's also why no charges have been filed with the expanding universe of people who were aware of this system and yet did nothing to alert authorities to its use, people such as Stephen Mull, who warned Huma Abedin of the issue in 2011. There are a number of legitimate targets for prosecution. And it's time that the Department of Justice began lining them up."
Hillary Clinton's E-Mail Scandal: Far Graver than First Thought
"If a bumbling Clinton had let a smattering of classified e-mails land on her unsecured server, one might overlook an occasional slip-up or two. However, the State Department so far reports that Clinton's private server held at least 1,340 e-mails that contain classified data. The final tranche of Clinton's e-mails should arrive January 29, most likely featuring even more e-mails brimming with state secrets."
"Hillary Clinton has devolved in ten months from a fumbling former chief diplomat to a previously clear and present danger to U.S. national security."
The Server Is the Smoking Gun, Part 2,088,129
"Somehow, highly classified information from SIPRNet, as well as even the super-secure JWICS, jumped from those closed systems to the open system and turned up in at least 1,340 of Clinton's home e-mails -- including several the CIA earlier this month flagged as containing ultra-secret Sensitive Compartmented Information and Special Access Programs, a subset of SCI."
"SAP includes "dark projects," such as drone operations, while SCI protects intelligence sources and methods."
"Hillary and her foundation are implicated in the dastardly scheme along with the Russian State Nuclear Energy Corporation, Rosatom, and a few dubious Canadian elite, which is where the news gets really bad." More at the site.
Eight Laws Hillary Clinton Could Be Indicted For Breaking
"1. 18 U.S. Code § 793 - Gathering, transmitting or losing defense information 18 U.S. Code § 798 - Disclosure of classified information"
"2. U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material"
"3. 18 U.S. Code § 2071(b) -- Concealment, removal, or mutilation generally"
"4. 18 U.S. Code § 641 - Public money, property or records"
"5. 18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees"
"6. 18 U.S. Code § 1519 -- Destruction, alteration, or falsification of records in federal investigations"
"7. 18 U.S. Code § 1031 -- Fraud against the United States 18 U.S. Code § 1343 - Fraud by wire, radio or television 18 U.S. Code § 1346 -- Definition of "scheme or artifice to defraud" 18 U.S. Code § 371 - Conspiracy to defraud the United States"
"8. 18 U.S. Code § 371 - Conspiracy to commit a federal offense
With each law broken multiple times, there are indictable offenses galore.
What can the FBI do about Hillary Clinton without a grand jury?
"No Justice Department, no grand jury. No grand jury, no case -- period. As a technical matter, no matter how extensively the FBI pokes around on its own, no one can be a subject of a real investigation -- i.e., one that can lead to criminal charges -- unless and until there is a grand jury. That does not happen until the Justice Department hops on board."
"Of course, making the case would not mean the FBI could force attorney general Loretta Lynch -- and the president to whom she answers -- to pursue the case. The FBI cannot convene a grand jury and present an indictment. But you'd best believe the FBI can make the Obama administration look very bad if it shrinks from doing so. Then it will be a matter of how far Barack Obama is willing to stick his neck out for Hillary Clinton."
"Are we to believe that now Loretta Lynch would impanel a grand jury to go after Secretary Clinton over the classified information on her server?"
Judge Napolitano: Hillary's Email Scandal Is Her 'Worst Political Nightmare'
Napolitano broke it down on 'Fox and Friends':
"Top secret" means if the information is revealed, it could cause "grave harm" to national security.
"Secret" means revealed information could cause "serious harm" to national security.
"Confidential" means revealed data could cause "some harm" to national security.
Rudy Giuliani: Hillary Can't Avoid Indictment in Email Scandal
"Former New York City Mayor and U.S. Attorney Rudy Giuliani said Wednesday he doesn't think there is any way Hillary Clinton should be able to avoid facing an indictment for the "secretive and highly classified" government information found on the private email server she used while secretary of state."
"[There are] 13 violations of federal law that she arguably committed," Giuliani told Fox News' "Fox & Friends" program. "This is about as clear as it gets. It is a crime to negligently handle top secret material."
So, there we have it. What can we recommend? Well, there's a mountain of data, and assuming the 150 FBI agents are doing their job, a lot of indictable offenses. By all accounts, Comey is a stand up guy and will recommend Hillary Clinton be indicted by Loretta Lynch, the Attorney General. When that doesn't happen, from what I can tell, the options are a Special Prosecutor which is done by Congress:
"A special prosecutor generally is a lawyer from outside the government appointed by an attorney general or, in the United States, by Congress to investigate a government official for misconduct while in office."
From what I've been able to glean from the web, the Attorney General can direct her United States attorneys not to take a referral from the FBI for prosecution in any matter she so chooses. Only a grand jury can indict and only a Special Prosecutor or a prosecuting attorney who reports to the attorney general can present a case before a federal grand jury.
So, a Special Prosecutor and/or
A Federal Grand Jury. Does Loretta Lynch have to be the one to call the Grand Jury or can any Federal Prosecutor initiate this? Found The Power of the Grand Jury that delves into this. Maybe some of our Legal people can weigh in on this for further clarification of a Special Prosecutor and a Grand Jury.
Hillary Clinton is no stranger to a Grand Jury. Remember the Whitewater days? For you millennials, here's some info: "In February 1996, for the first time in history, a first lady of the United States was required to appear before a grand jury. Hillary Rodham Clinton testified for four hours before a federal grand jury on the disappearance and reappearance of billing records related to her representation of a failed investment institution that was under scrutiny when she was an attorney in Arkansas. Her testimony was part of the Whitewater investigation, which examined past financial dealings of Hillary Rodham Clinton, President Bill Clinton, and others."
"In theory, the grand jury is a body of independent citizens that can investigate any crime or government misdeed that comes to its attention. In practice, however, the grand jury is dependent upon the prosecutor to bring cases and gather evidence."
It wouldn't hurt to call our senators and representatives and demand a Special Prosecutor. I'm going to do this today. If nothing is done with this mountain of evidence any notion of the rule of law or justice in America is gone.
We all know why Hillary Clinton had a private server. To do quid pro quo business with foreign governments and to hide her personal relationships. All the connections with the foreign governments, the Clinton Foundation, and the Clinton Global Initiative need to be further investigated.
She also opened up our entire federal data base to hacking by foreign governments. A whole new set of laws broken. Treason? Was she selling secrets and hoping the server would provide cover? Remember when the Clintons gave China military secrets for campaign cash and to 'level the playing field?' Was Obama 'doing business' on the private server hoping to hide things? There's so much we don't know about. I hope the FBI has been able to connect all the dots and Comey steps up. We shall see. Loretta Lynch is the wild card. Will she honor her oath?
Maybe there's a single Patriot guy who doesn't have a family, trust funder, whatever. . or maybe just an Old Time Patriot, a real American, . . anyway, all it will take is one to even just do a summary of what they found and hit Newsmax, Wa Times, Wa Free Beacon or any conservative outlet. . and then go hide in Montana!
America wants to know!
It may be an attempt but there have been too many laws broken and multi-multi times. I just dont'see how she escapes this one.
I know, as Rush just said, we've thought we nailed the Clintons many times over the last 27 years and they always escape. The evidence this time is just too overwhelming.
I maintain this is so huge. . if she skates and gets by this with no indictment, no charges, and continues to, almost a movie wildest delusion scenario, . . if this woman then Runs for President and Wins. . . Then our whole judicial system, our whole Federal Government is so corrupt and broken it may be beyond fixing at the ballot box. Then we will have a hard core decision to make. I hope we don't have to make it.
Good question! I emailed the url of this thread to Hannity, so we'll see what happens.
Here is another point that, so far, I haven't heard anyone in the media address: Hillary has been choosing her words very carefully, saying: I never sent or received any information marked classified. When she says this, technically, she's telling the truth - because there is no category of secure information marked Classified. The word Classified is a generic term that encompasses specific categories of secure information such as Confidential, Secret, and Top Secret. She needs to be asked if she ever sent or received information marked as belonging to one of those categories. Of course she'll do her best to talk around the question, but this little word game of hers needs to be exposed.
She needs to be asked the specific questions as you suggest. We'll see if that happens.
HILLARY CLINTON ON CLASSIFIED EMAILS: "NOTHING I DID WAS WRONG"
She must have been talking with Bill. . . So, that's going to be her MO. . We'll see if it works. . Man, if she skates. .
Check your links. I just got a malware attack or virus from clicking on one of those links that tried to open many pages. It may now be corrupted or something. That top link is now a problem.
Or at least it was for me.
She belongs in prison.
Viz. an indictment of Clinton: I’ll believe it when I see it, and not a moment before that.
As far as FBI personnel going public, I fail to see how that would do any more damage than she has already suffered with the current information that’s out there. It’s pretty clear that she had classified information on her home-brew server, in violation of federal law. What else can the FBI people say? They’d come out and say basically that she had classified information on her home-brew server and that it was a violation of federal law to have that information on that server. They might add some details, but that would be about it. They certainly couldn’t disclose what sort of classified information was on there - certainly not any of the details - and so they wouldn’t really be divulging anything that isn’t already out there.
And for that they would most likely lose their jobs or suffer serious discipline, such as losing pay and getting punted into a dead-end assignment.
I don’t think there are any serious FBI heavy hitters who are going to “go public” if the DOJ doesn’t indict.
And so I don’t think Clinton will be indicted.
I'm like you, despite the overwhelming evidence, I'll believe indictment when I see it.
Found this: Former majority leader to Lynch: No stalling on Hillary
"NEW YORK - Former Republican House Majority Leader Tom DeLay has a message for U.S. Attorney General Loretta Lynch: Appointing a special prosecutor in the Hillary Clinton email case would be widely regarded as a "political solution" whose only point would be to put off an indictment until after the presidential election in November."
"Truthfully, Lynch does not need a special prosecutor; she already has had the FBI investigation," DeLay said in an interview with WND. "She has to decide now whether or not to take Hillary Clinton's email case to a grand jury, or not."
"The former Texas lawmaker based his remarks on sources in the FBI who tell him they have a "slam dunk" case against Clinton and are preparing to recommend to Lynch that she be prosecuted."
What outstanding work!
Hillary still has everyone psyched out. Well almost everyone.
Not me.
The only reason she’s still chugging is because Trump his keeping his powder dry right now to let her stinking political corpse get dragged acrross the primary finish line.
Why Hillary's EmailGate Matters
"In casually disregarding basic security, Secretary Clinton harmed our country and helped our adversaries."
"Every few days, another bombshell appears in the media illustrating just how poorly Hillary Clinton, during her tenure as our nation's foreign policy boss, handled communications security. By now, we have a complex portrait of someone whose mishandling of our nation' s secrets, by herself and her staff, beggars belief for anyone versed in such matters. EmailGate isn't going away, no matter how much Ms. Clinton's supporters want it to."
"Worse, access to Ms. Clinton's personal email likely gave foreign spy agencies hints on how to crack into more sensitive information systems."
FBI's Hillary Clinton email investigation not letting up
"Six months after it began, the federal investigation into Hillary Clinton's private email server shows no signs of slowing down."
" Former FBI officials said the length of the probe is not unusual and speculated that a decision on whether to file charges against Clinton or her top aides could come later this year, during the heat of the general election campaign."
Official: Some Clinton emails 'too damaging' to release
"EXCLUSIVE: The intelligence community has now deemed some of Hillary Clinton's emails "too damaging" to national security to release under any circumstances, according to a U.S. government official close to the ongoing review. A second source, who was not authorized to speak on the record, backed up the finding."
"The decision to withhold the documents in full, and not provide even a partial release with redactions, further undercuts claims by the State Department and the Clinton campaign that none of the intelligence in the emails was classified when it hit Clinton's personal server."
State to release some Clinton emails on Friday; thousands still delayed
"The State Department on Friday will release roughly 2,000 pages of Hillary Clinton's emails but will delay the final batch of messages until after voters go to the polls in the first several primary states."
"In a court filing late on Friday, the department insists it "regrets" its inability to publish the final 7,000 pages on Friday, as a federal court ordered it to do last year. Yet it defended the delay, blaming an internal oversight and the snowstorm that crippled Washington in the past week."
Former House Oversight chairman: 'FBI director would like to indict Clinton and Abedin'
"MANCHESTER - California Congressman Darrell Issa, who previously led an investigation into Benghazi as former chairman of the House Oversight Committee, says the FBI "would like to indict both Huma [Abedin] and Hillary Clinton" for conducting sensitive government business on an unsecure, private email server."
My understanding is that a Grand Jury is normally 23 people.
They are not tasked to determine innocence or guilt.
They are tasked to determine whether there is enough evidence to have a trial.
They need a majority vote to move it to a trial.
That means the prosecutor has to have 12 people out of 23 say that there is enough evidence for a trial.
The Defense lawyers aren’t there contesting everything.
The people on the Grand Jury do not have to worry about determining innocence or guilt.
They only determine if there is enough evidence for a trial.
You know, the evidence from 150 FBI Agents.
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